Governor Gretchen Whitmer through Executive Order 2019-7 eliminates the Medical Marihuana Licensing Board and the Medical Marihuana Advisory Panel in reorganization of the marijuana program.

Today, Governor Whitmer issued Executive Order 2019-7 which reorganizes within the Department of Licensing and Regulatory Affairs (LARA) a new Type 1 Agency named Marijuana Regulatory Agency (MRA) with a gubernatorial appointed Executive Director. The Executive Director is subject to advice and consent of the Senate. The Executive Order will become effective April 30, 2019 unless disapproved by the Legislature. Read More ›

CLOSE OR BE DENIED! In a major year-end development, the Michigan Court of Claims today dismissed the last of the cases that allowed unlicensed Michigan medical marihuana facilities to operate. All court orders preventing Michigan’s Department of Licensing and Regulatory Affairs (LARA) from setting a date by which the so-called temporary operators must close have now been dissolved—technically, that leaves in place the emergency rule by which unlicensed facilities must close by October 31, 2018, although the court had enjoined enforcement of that until its order was dissolved today. In an Advisory Bulletin issued late this afternoon, LARA announced that it would extend temporary operation until December 31, but no longer. Read More ›

On the last day of the legislative session, the Michigan Legislature passed House Bills 6330, 6331, and 6380 to create the Industrial Hemp Research and Development Act (IHRDA). If signed by the Governor, IHRDA will require the registration of industrial hemp growers and processors as a prerequisite to grow or sell industrial hemp. Oversight authority is given to the Michigan Department of Agriculture and Rural Development (MDARD). To register, growers and processors would be required to submit basic identification information—including the identities of owners holding more than 10% equity in the applicant—and the location of their business. An annual application fee is also required: $100 for growers and $1,350 for processors. Applications may be denied for such reasons as the applicant demonstrating an unwillingness to comply with regulations or making false statements to MDARD. Failure to comply with the IHRDA may result in suspension or revocation of a registration, destruction of product, or a fine; allowing the taking of a falsified sample is a felony. IHRDA is set to take effect on January 15, 2019. Read More ›

On November 6, 2018, Michigan voters approved Proposal 1 and made Michigan the twelfth U.S. jurisdiction to legalize recreational marijuana. The Michigan Regulation and Taxation of Marihuana Act (MRTMA) went into effect December 6. What has been lost in all the smoke from the past several weeks is how MRTMA impacts the regulation of industrial hemp. Read More ›

For financial institutions interested in banking state-legal marijuana businesses, 2018 has been a rollercoaster. In January, Attorney General Jeff Sessions rescinded the Obama-era policy of lenient federal enforcement, creating new confusion for banks and credit unions about the future of marijuana-related banking. Many feared that the Financial Crimes Enforcement Network (FinCEN) would withdraw or amend its guidance as well, thereby eliminating the only federal guidance directed to financial institutions on banking marijuana businesses. But FinCEN has since been clear that its guidance remains in place and announced that, as of March 31, 2018, a total of 411 banks and credit unions now provide services to marijuana-related businesses, up from 365 a year ago. Read More ›

Today, the Department of Licensing and Regulatory Affairs (“LARA”) released an amended set of emergency administrative rules that implement the Medical Marihuana Facilities Licensing Act (“MMFLA”) and establish a transition period for existing medical marihuana facilities to become licensed. The most notable change to the rules benefits temporary operators who faced a fast-approaching June 15, 2018 deadline under the old rules to either be licensed or shut down. Read More ›

Individuals and businesses operating in the medical cannabis industry have seen ample foes and scrutiny by the federal government. It is not a secret Jeff Sessions is a long standing antagonist of cannabis products and the laws supporting the industry. However, in the past month, the world of medical cannabis has experienced minor victories. Read More ›

As is the case in every state, entities and individuals applying for a medical marihuana facility license through the Bureau of Medical Marihuana Regulation in Michigan must complete a series of disclosure forms. In Michigan, those are found in the State’s Entity/Individual Prequalification Application Packet. The disclosure forms require applicants to disclose information pertaining to entity information, ownership interest, financial information, government regulation, criminal history and litigation history. Read More ›